@modpol: "Car, good credit score, both gone after false arrest 
February 1, 2004
BY MARY MITCHELL 
SUN-TIMES COLUMNIST 
Most of us would agree that we want Chicago Police
officers to pursue the bad guys and to protect the good
guys.	But cops have a tough job. And they can end up
taking innocent people to jail. When that happens, it
can cost an innocent family plenty.
In the case of Darron Wadlington, a 22-year-old South
Sider, who was falsely arrested on a drug charge last
month, the costs keep adding up. 
Wadlington's mother, Debra Collins-Jones, has
complained about the behavior of police officers in
Chicago's 22nd Police District in the past. 
Her son Darron is an active member of the Illinois
National Guard, is employed as a child welfare
attendant with the Chicago Board of Education and
attends Olive-Harvey Community College. In other words,
Wadlington appears to be a young man who would make any
mother proud. 
When he was arrested for allegedly possessing 40 grams
of cocaine, his mother, father and aunt went to the
police station and tried to talk to police. But since
Wadlington is an adult, police weren't required to give
his parents any information.
"When I arrived home, I contacted the Office of
Professional Standards in another attempt to gain
information," Collins-Jones said in her written account
of the arrest. "Darron does not do drugs, nor does he
sell them. He doesn't even smoke cigarettes, for that matter."
On Jan. 20, a Circuit Court judge dismissed the drug
charges against Wadlington. Apparently, the white
powder police suspected was cocaine was actually a
dietary supplement used by body builders.
But that didn't end the drama. When police arrested
Wadlington, they also impounded his '95 Buick Riviera.
Finance company notified
"The city wouldn't give me the car back because of the
drug investigation, but the officer who was
investigating the case called my finance company and
reported that the car was impounded," he said.
What happened next is mind-boggling.
Apparently, on Jan. 16, the Toyota finance company sent
the Repo Man to the Chicago Police Department's car
pound, and Wadlington's car was "repo'd."
"It would have been more understandable if Toyota had
contacted me. But they picked up my car and counted it
as a repossession. They now want me to pay the
repossession fee, plus what they paid the city," he said.
To reinstate his contract, Toyota Financial Services is
asking Wadlington to pay $314.94, the amount they
allege is past due, plus $500 for the repossession.
Bear in mind, Wadlington has already made about 43
payments at $314.94 each, and he owes about $1,550 on
the car. His monthly car note is due on the 15th of the
month, which means that the company repossessed the car
when the note was one day past due.
According to Kerry Rivera, a Toyota spokeswoman, the
loan company received the city's notice on Jan. 9, and
because it holds the lien, it is the company's policy
to seize a vehicle when it is impounded in a criminal case.
"It is our policy to work with the customer to get the
car back in their possession," she said. 
If that's Toyota's policy, it is a bad one. Scores of
young black males are arrested falsely. Why should they
have to bear this extra financial burden?
Claims failure to pay
Further, Toyota's written notice to Wadlington claimed
the company repossessed his car for failure to make payment.
"The finance company was hoping that I was going to
leave it in the pound," Wadlington said. "Then they
could take it and resell it, plus I would still owe
them for the balance of the car loan.''
Wadlington's mother alleges that the Police
Department's call to Toyota is part of the harassment
her son has endured.
"My son can rarely visit me without being pulled over
in this neighborhood," she said. 
A spokesman with the Chicago Police Department denied
that Wadlington is being harassed.
"It is our responsibility to notify the owner of the
car," Dave Bayless told me. "If we ran a [vehicle
identification number] and the owner of that car could
not be determined, that would explain it."
Before his arrest, Wadlington was set to buy a two-flat
in the city. Under the provisions of a special mortgage
program, buyers must score between 580 and 700 on their
credit report. After the repossession, Wadlington's
credit score plummeted to 520. That number has stopped
him from closing on the property.
"I couldn't believe that Toyota had sent this to the
credit bureau already," Wadlington said. "I've already
paid Toyota more than $10,000 for the car. I think they
owed me more than one phone call  which showed up on
the caller ID  before they wrongfully repossessed my car."
He refuses to pay the repossession fee.
"The repossession would still be on the credit report,"
he said. "The lawyer is asking for $1,100 to expunge my
record and to file a civil suit against the loan
company. I'd rather pay the lawyer and make sure my
name is clean."
These are the hidden costs of the failed War on Drugs.
	LP
	In politics, moderation is the best policy."
    @spammersdie: "news:FhaTb.300373$<email_address>
<quote>
Ummm . . . he was arrested right before a payment was due, released right
after the car was repo'd, and now Toyota is asking an extra $500 on top of
the payment that is past due because he was in jail when the payment should
have been made.  He can make the payment, but he can't pay the repo fee for
a repo that shouldn't have happened.  Thus, Toyota won't release the car.
Toyota has also reported this fiasco THAT THE POLICE AND TOYOTA CREATED to a
credit bureau, causing his FICO score to drop, which caused him to lose the
mortgage for a property he was ready to close on.  Sheesh.
The most you could say is that, IF he had made his monthly payment early
enough so that it cleared before he was falsely arrested, he would now not
owe a monthly payment to Toyota.  Unfortunately, Toyota would still be
demanding a repo fee that he can't afford and shouldn't have to pay
nyway.  -Dave"
    @modpol: "<quote>
I guess you can not read too well.  It is a stretch for
one to think you got to junior high
	LP
	In politics, moderation is the best policy."
    @mhelm: "On Sun, 1 Feb 2004 12:48:06 -0500, "Dave C."
<email_address> 
<quote>
Actually, he could afford it, but doesn't feel he should.  I agree with
him.  "
    @edward_ohare: "<quote>
Unfortunately for him, with two parties involved, the police and
Toyota, neither one is likely to step up and take the blame.  They're
just going to point fingers."
    @russotto: "<quote>
He couldn't pay his car bill because he was IN JAIL, FALSELY
ARRESTED.  So no williamsrobert@example.org.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @adr5: "says...
<quote>
He is arrested for supposedly having an illegal substance which turns
out to be completely legal.  While he is being held, the cops call his
lien company to let them know he was arrested.  They couldn't at least
wait until they knew for a fact the substance he had was illegal?  Had
he not been in jail, there is all indication he would have paid his car
bill, so yes it is the cops fault.  The other question to ask is why the
cops stopped him in the first place.  
Alex"
    @modpol: "<quote>
The story came from Sunday's Chicago Sun-Times.
And the culprit is Toyota Finance, not a dealer. 
	LP
	In politics, moderation is the best policy."
    @spammersdie: "<quote>
1)  It is almost 100% certain that, when asked, the suspect told the cops
exactly what the powder was.
2)  It is almost 100% certain that, when told, the cops still chose to
believe what they wanted to."
    @srhi: "<quote>
Something in this story sounds wrong. How did the cops know who financed 
the guy's auto loan? I don't know about Illinois, but in NJ, the only 
way the cops could know that information is if the auto owner defaults 
on the loan or the car owner tells the cops who the lender is."
    @srhi: "<quote>
Right and it sounds strange that a car would be repossed after missing 
only one payment. Something sounds wrong in this story."
    @srhi: "<quote>
Right, but what auto lender does a repossession after missing only one 
payment? The guy could have simply asked someone he trusts to make the 
payment for him or maybe bring his checkbook to the prision so he could 
make out a check."
    @mod_pol: "<quote>
Because it was impounded.  Of course this kid has been
harrassed by the same cops before and the parents have
filed complaints so they probably played pretend with
the powder, treated it as a drug case where everything
is impounded and screwed the kid by calling the finance
co (lien probably filed with DMV) knowing they would
pick it up.
So far there has been nothing said about why they
stopped him in the first place.  That district is
notorious for its corrupt cops.  A number of them went
to prison recently.
	LP
	In politics, moderation is the best policy."
    @spammersdie: "<quote>
The OWNER is listed on the car registration, which the cops are required to
check.  If the car is financed, the owner will be listed as the finance
company.  -Dave"
    @spammersdie: "<quote>
Actually, it was repo'd before the first payment was missed.  But yeah, it
still sounds wrong.  -Dave"
    @russotto: "<quote>
Why should they bother?  No skin off their ass.
Most likely he was protesting that it was protein mix, and the cops
were telling him to shut the fuck up.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Or they ask the DMV (MVC in NJ).  The lienholder on a car is a matter
of public record.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
The had a policy of repoing any car which got impounded.  Missing the
payment was icing on the cake.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Being in jail tends to clear your mind of such matters.  And that's
assuming you can actually get through to someone who can handle the payment.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Liar.  If the car is _leased_, the owner will be listed as the
_leasing_ company.  If the car is _financed_, the _lienholder_ will be
listed as the _finance_ company.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @spammersdie: "<quote>
to
In either case, this information is listed in the "owner" field on the car
registration.  It doesn't matter who owns the car, the question was how did
the cops find out who financed the car.  That information was listed on the
car registration.  -Dave"
    @adr5: "<email_address> says...
<quote>
news:<email_address>...
When it comes to property seizure, that is the case.  Also remember
that in most instances the department that does the seizure gets to 
keep most of the property.  Cops love this law because they can steal
property legally.  They have no obligation to prove it was illegally
aquired.  They have lots of incentive to seize as much as they can
since they get to keep most of it.
-
Alex"
    @russotto: "<quote>
No, it is not.  It may or may not be listed on the car williamsrobert@example.org.  It _IS_ listed on the title, under _lienholder_ (not owner).
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Nope.
Yes.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Yep.  Unless you can make a Federal case of it (e.g. arrested due to
race)
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
Sovereign immunity.  The city can be sued only if they consent to be
sued.  The individual cops usually can't be williamsrobert@example.org.
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @russotto: "<quote>
It doesn't matter much to this thread  however, Dave has been trying
to spread the false idea that the finance company owns the car, and
this is an effort to do so. 
Matthew T. Russotto                            <email_address>
"Extremism in defense of liberty is no vice, and moderation in pursuit
of justice is no virtue."  But extreme restriction of liberty in pursuit of 
a modicum of security is a very expensive vice."
    @mhelm: "On Fri, 06 Feb 2004 05:12:54 GMT, Isaac <email_address> 
<quote>
No, the real problem is that asset forfeiture is a gross violation of
the 4th amendment.  There does not even have to be an arrest for AF laws
to be used and they are very often in no way commensurate with any
alleged crime that may have taken place."
    @nospam: ""Isaac" <email_address> wrote...
<quote>
...
missing
...
Whay are you sure of that?  Forfeiture abuse has been documented by many
studiesnot just individual cases, but ongoing routine theft in the name of
forfeiture by cops.  Here are some actual published studies.
"Lawmen in Volusia county, Florida, started using forfeiture laws as a toll
gate on I-95.  A special sheriff's drug squad began stopping Miami-bound
drivers for traffic violations, then conducting searches.  If more than a
hundred dollars in cash, it was assumed to be drug money...Since fighting to
get the money back in court could cost as much as ten grand, few people
bothered to try.  When public outrage began to attract attention, the
Orlando Sentinel discovered that the deputies had resorted to
plea-bargaining, offering to take only part of the money if the travelers
promised not to complain."
"80% of the people from whom assets are seized are never even charged with a
crime.  They just lose their possessions."
(Mike Gray, _Drug Crazy_ New York: Random House, 1998; Henry Hyde,
Forfeiting Our Property Rights, Washington, DC: Cato Institute, 1995; Jeff
Brazil and Steve Barry, "Tainted Cash or Easy Money, Orlando Sentinel, June
14-17, 1992)
THE DRUG WAR'S HIDDEN ECONOMIC AGENDA, The Nation, March 9, 1998:
 "A number of aggrieved and hapless citizens converged on Washington ... to
recite their misfortunes at the hands of the government's drug police. All
had had their property taken by police, then were let go and never
prosecuted. All were innocent of wrongdoing."
 "A pilot told of how the government destroyed his air charter business: The
Drug Enforcement Administration seized his airplane when a drug dealer
chartered it; $85,000 in legal fees later, the pilot filed for bankruptcy
and became a truck driver. A landscaper testified that while on a purchasing
trip, he had been stripped of $9,000 by an airport drug interdiction unit,
then sent home without a receipt, on grounds that only drug dealers carry so
much cash. Legislators also heard the tale of Mary Miller (a pseudonym), a
75-year-old grandmother dispossessed of her home for the sins of her
fugitive, drug-dealing son."
 "Owners who want to contest seizures must put up a bond, hire a lawyer and
rebut the presumption of guilt with proof that the property is untainted by
criminal activity. There is no constitutional requirement that the owner
knew of any illegal activities, and forfeiture may occur even if the owner
is charged and acquitted. In other words, if you are either related to a
drug dealer or mistaken for one, you may find yourself legally dispossessed
of your property without effective recourse."
 "Unfortunately, there are numerous other examples of police agencies
targeting assets with no regard for the rights, safety or even lives of the
suspects. In one federal civil rights judgment against an Oakland,
California, drug task force, we read an officer's admission that his unit
operated "more or less like a wolfpack," driving up in police vehicles and
taking "anything and everything we saw on the street corner." In Louisiana,
police illegally stopped and searched massive numbers of drivers, seizing
money that was then diverted to police department ski trips and other
unauthorized uses. In Los Angeles, a Sheriff's Department employee revealed
that deputies routinely planted drugs and falsified police reports to
establish probable cause for cash seizures. Recent investigations in
Florida, New Jersey, Philadelphia, Boston and Washington State have exposed
similar lawlessness by police in search of forfeitable cash."
"The L.A. County Sheriff's raid that killed reclusive millionaire Don Scott
was particularly revealing.  The 200 acres of sagebrush and chaparral that
Scott owned...ran along the spine of the coastal mountains above Malibu, and
were coveted by a number of parties, including the National Park Service.
Scott repeatedly refused to sell...Deputy Sheriff Gary Spencer...organized a
surveillance effort that included everybody from the LAPD to the U.S. Forest
Service.  But despite overflights by the California Air National Guard and
extensive sweeps by a special Border Patrol mountain unit, nobody spotted
anything.  Undeterred, Spencer...got a search warrant.  The Scots had been
partying all night and were still groggy when the hammering and shouting at
the door woke them up.  Frances got her jeans on first, and just as she
reached the living room, the door collapsed and a sea of armed men crashed
in.  She screamed.  Her husband stepped into the hallway with a gun in his
hand.  Spencer...fired two rounds.  Scott recoiled, pitched forward, and his
face smashed into the floor....For days they scoured the rolling hills, and
they did not find a single marijuana seed.  A painstaking search of the
house failed to turn up the expected coke or heroin stash.  All they had to
show for their trouble was this body on the living-room floor."  (Mike Gray,
_Drug Crazy_ New York: Random House, 1998)
"There have been numerous cases in which prosecutors have come under fire
for their use of forfeiture funds.  Nicholas Bissel [Somerset County
prosecutor] ... used the money to buy health club memberships for his staff.
Newark Star Ledger 11/10/02"
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